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Updated Agreement 2021 For PMBJP Kendra - 15072021

This document is an agreement between the Pharmaceuticals and Medical Devices Bureau of India (PMBI) and an applicant for opening a Pradhan Mantri Bhartiya Janaushadhi Kendra (PMBJK). Key points: - PMBI agrees to allow the applicant to establish and operate a PMBJK for 36 months to sell generic medicines. - The applicant must adhere to PMBI's site selection criteria including minimum space of 120 sq ft near a hospital. They must hire a pharmacist and follow distance policies between Kendras. - The applicant must continuously operate the PMBJK in compliance with terms including designating a manager with pharmacy qualifications and using best

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Indranil Datta
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0% found this document useful (0 votes)
330 views16 pages

Updated Agreement 2021 For PMBJP Kendra - 15072021

This document is an agreement between the Pharmaceuticals and Medical Devices Bureau of India (PMBI) and an applicant for opening a Pradhan Mantri Bhartiya Janaushadhi Kendra (PMBJK). Key points: - PMBI agrees to allow the applicant to establish and operate a PMBJK for 36 months to sell generic medicines. - The applicant must adhere to PMBI's site selection criteria including minimum space of 120 sq ft near a hospital. They must hire a pharmacist and follow distance policies between Kendras. - The applicant must continuously operate the PMBJK in compliance with terms including designating a manager with pharmacy qualifications and using best

Uploaded by

Indranil Datta
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 16

AGREEMENT

BETWEEN

PHARMACEUTICALS AND MEDICAL DEVICES BUREAU OF INDIA (PMBI)

(SET UP UNDER THE DEPARTMENT OF PHARMACEUTICALS)

MINISTRY OF CHEMICALS & FERTILIZERS

GOVERNMENT OF INDIA

AND

-----------------------------------------------------------

(Applicant Approved for Opening of Pradhan Mantri Bhartiya Janaushadhi Kendra)

ON………………………….. (Date)

Page 1 of 16
AGREEMENT

THIS AGREEMENT is made and entered into on the____day of__________month of


20__ between Pharmaceuticals and Medical Devices Bureau of India (PMBI), set up under
Department of Pharmaceuticals, Ministry of Chemicals & Fertilizers, Government of India as a
Society registered under the societies registration act XXI of 1860, having its Registered Office at
Core No. 06, 1st Floor, SCOPE Complex, Lodhi Road, New Delhi – 110003 and corporate office
at 8TH, FLOOR, VIDEOCON TOWER, JHANDEWALAN EXTENSION, NEW DELHI -
110055 hereinafter referred to as “PMBI” (which expression shall mean and include its successors
and assigns) of the ONE PART;

AND

The applicant, M/S. ____________________ Society/Institution/------------------- registered under


(Name of the act) having its registered office at
(ADDRESS) through its (Proprietor / Partner / Director / President)_____Mr.
_________________________________, (hereinafter referred to as “THE APPLICANT” which
expression shall mean and include the (Proprietor / Partner / Director / President) for the time
being and from time to time constituting the said, the survivors of them, their legal heirs and legal
representatives of the last surviving partners in business and permitted assigns) of the OTHER
PART.

WHEREAS: -

(a) PMBI is presently engaged in procurement, marketing, sale & distribution of medicines
and drugs including those manufactured by other manufacturers (hereinafter collectively referred
to as “The Products”) and is desirous of opening a “Pradhan Mantri Bhartiya Janaushadhi
Kendra” (hereinafter referred to as Pradhan Mantri Bhartiya Janaushadhi Kendra) at
____________ in the district of ___________________ within the state of _______________ for
sale of generic medicines to public.

(b) “THE APPLICANT” has represented and warranted that he/they has/have the necessary
infrastructure /manpower/ licenses / equipment / furniture & fixtures, Computers and associated
peripherals and has also got sound financial status as required to open and operate the Pradhan
Mantri Bhartiya Janaushadhi Kendra and in that connection is also ready to perform all
activities including purchase of medicines against the advance payment for dispatch of goods the
stock under ambient temperature as required for storage of medicines, make retail sale, after
generating sale invoice at prices fixed by PMBI from time to time, collect money thereof from
customers for the sale value, make necessary transactions entry in computerized software system
and make available sufficient funds for purchase and replenishment with fresh stock of
MEDICINES to run the Pradhan Mantri Bhartiya Janaushadhi Kendra on sustainable
basisand has requested PMBI to allocate him/them a Pradhan Mantri Bhartiya Janaushadhi
Kendraat the aforementioned address as specified in clause (a) of this agreement.
Page 2 of 16
(c) PMBI after considering the aforesaid request of the “APPLICANT” and has agreed to
allow for establishing and operate Pradhan Mantri Bhartiya Janaushadhi Kendra at
____________ in the district of _____________ within the state of ________________ for sale of
Generic Medicines. This agreement remains in force for a period of 36 months commencing from
_________________ and applicable till _________________, unless terminated earlier as per
clause _____ of this agreement. This agreement can be renewed for a further period of 36 months
after mutual consent of both the parties in writing.

(d) PMBI retains the right to make direct sales and to appoint one or more Pradhan Mantri
Bhartiya Janaushadhi Kendrain the same area / location / town and city.

(e) Consistent with these introductory Sections and in consideration of the mutual consent
contained in this AGREEMENT, PMBI and THE APPLICANT agree to be bound by the terms of
this AGREEMENT.

1. SHOP SITE SELECTION & DESIGN:

THE APPLICANT will adhere to PMBI’s procedures and requirements for site selection and
design of the SHOP, as stated hereunder:

1.1 The site location for opening the PMBJP KENDRA should be either in the hospital premises
or near to hospital. If the location does not happen to be a hospital or near to hospital, then the
same should be located at a place where high footfall happens and is easily accessible to people
along with good site visibility.

1.2 The site for Pradhan Mantri Bhartiya Janaushadhi Kendra should either be owned or taken
on lease in the name of Applicant. In case of lease, the same should remain effective and under
the possession of Applicant for at least 03 complete years from the effective date of opening.

1.3 The minimum area required for opening Pradhan Mantri Bhartiya Janaushadhi Kendra
should be 120 Sq. Ft.

1.4 Requirements for opening PMBJK


a. The applicant is agreed to Own space or hire space (Minimum120sq.ft.) duly supported
by proper lease agreement or space allotment letter. Applicant will arrange the space for
running the Pradhan Mantri Bhartiya Jan Aushadhi Kendra & PMBI will have no role for
arranging space.

b. The applicant is agreed to provide Proof of securing a pharmacist with name, Registration
with the State Council etc.

c. The applicant has agreed to submit suitable certificate/proof from respective


Page 3 of 16
authorities along with undertaking in case of the applicant has applied under the category
of Women entrepreneurs, Divyang, SC, ST & any entrepreneurs of aspirational districts
(backward district) as notified by the Niti Aayog, in Himalayan, Island territories and
North- Eastern states. In the application form applicant must mention the category for
getting the suitable benefit. The applicant is agreed that once the category is selected by
the applicant in the application form, later on applicant will not be able to change it in
future due to any reason.

d. The applicant is agreed to adhere with the following distance policy and in case applicant
is found to be not following the distance policy the approval of opening PMBJK can be
cancelled at any stage:
Criteria Population of District Distance Policy

A Delhi, Mumbai, Kolkata, Chennai, Distance of 1.00 km shall be


Bangalore, Hyderabad, Ahmedabad observed between two Kendras
and districts having population equal while approving new Kendra.
to or more than ten (10) lacs.

B Districts having population less than Distance of 1.50 km shall be


10 lacs. observed between two Kendras
while approving new Kendra.

Note: Population census shall be verified with the data of Registrar General and Census
Commissioner of India under the Ministry of Home Affairs, Government of India.

1.5 The inside area of Pradhan Mantri Bhartiya Janaushadhi Kendra premises being utilized
for storage and sale transaction of medicines should be in “U” or in “C” shape, for better
visibility to customer & visitor.

1.6 Although the requirement of Air-Conditioned premises is not mandatory, however provision
for the same is highly desirable as the medicines should be kept or stored under a temperature
of less than 25°C to maintain its best efficacy. Applicants with air-conditioned facility in the
premises will be preferred over others.

1.7 In the case of a successive term being further permitted to the APPLICANT, then the existing
structure may be required to be modified in order to comply with the standards applicable and
prevailing at that time.

1.8 THE APPLICANT shall not commence (or recommence) operations of the Pradhan Mantri
Bhartiya Janaushadhi Kendra until and unless PMBI approves the same for being
reasonably conforming to the planned specifications.

Page 4 of 16
1.9 This agreement does not grant “THE APPLICANT” any right to relocate the Pradhan Mantri
Bhartiya Janaushadhi Kendra without any permission in writing from PMBI

2. THE APPLICANT shall, at all times during the applicable term continuously and faithfully
operate the Pradhan Mantri Bhartiya Janaushadhi Kendra in full compliance with the defined
terms & conditions as listed hereunder:

2.1 DESIGNATED SHOP MANAGER:

THE APPLICANT shall at all times have a person on rolls with minimum qualification of
Diploma in Pharmacy (i.e. D. Pharm.) or Degree in Pharmacy (i.e. B. Pharm.), designated as
Pradhan Mantri Bhartiya Janaushadhi Kendra Manager having primary responsibility for
the day to day operation of the Pradhan Mantri Bhartiya Janaushadhi Kendra in
accordance with this agreement, who shall be reasonably acceptable to PMBI (including, but
not limited to, the requirement that such individual possess sufficient experience in the
management of a retail pharmacy business, as determined by PMBI in its sole discretion.

2.2 BEST EFFORTS:

The Pradhan Mantri Bhartiya Janaushadhi Kendra MANAGER shall furnish personal
full-time attention and best efforts to the day to day management and operation of Pradhan
Mantri Bhartiya Janaushadhi Kendra in accordance with the requirements of this
AGREEMENT and he must maintain a physical presence at the Pradhan Mantri Bhartiya
Janaushadhi Kendra.

2.3 PRADHAN MANTRI BHARTIYA JANAUSHADHI KENDRA


EMPLOYEES:

In addition to the designated Pradhan Mantri Bhartiya Janaushadhi Kendra MANAGER,


the Pradhan Mantri Bhartiya Janaushadhi Kendra shall be staffed with qualified, competent
employees well versed with working in computerized operation and will assist the Pradhan
Mantri Bhartiya Janaushadhi Kendra Manager in day-to-day operations, and who are employed
solely by THE APPLICANT and not by PMBI. THE APPLICANT is solely responsible for
hiring and discharging employees of the SHOP and setting their wages and terms of
employment. THE APPLICANT shall comply with all applicable laws and regulations as
applicable from time to time under respective laws. All employment related documents,
including, without limitation, employment applications, schedules, job descriptions, and pay
cheques, must clearly identify THE APPLICANT, and not PMBI, as the employer

2.4 OPERATIONS AND PRODUCT STANDARDS:

Unless PMBI specifically permits otherwise, in writing:

Page 5 of 16
i. THE APPLICANT shall offer for sale from the SHOP the entire list of medicines and
other consumables/surgical items as listed and made available periodically by PMBI.
ii. THE APPLICANT is permitted to sell from the Pradhan Mantri Bhartiya Janaushadhi
Kendra only the Medicines which are supplied by PMBI.
iii. THE APPLICAN0T will be allowed to sell allied medical products commonly sold in
chemist shops but are not supplied by PMBI.
iv. THE APPLICANT will at all times maintain an inventory of all listed medicines of
PMBI to satisfy customer demand for any or all medicines required to be sold at the
JAN AUSHADHI KENDRA. THE APPLICANT will adhere to the requirements for
medicines & drug storage, its handling as per the applicable Drug & Cosmetic Act
1940, as amended and applicable from time to time. The medicines merchandising,
presentation and display will also be managed by THE APPLICANT to make it more
informative for the buyer and will have to emphasize the impact in terms of cost
advantage between generic and branded medicines. If THE APPLICANT fails to
conduct its business in accordance with the requirements of this clause, then, without
limiting the rights of PMBI under this AGREEMENT PMBI may, temporarily suspend
THE APPLICANT'S right to operate under this AGREEMENT, or temporarily or
permanently suspend THE APPLICANT'S right to sell certain products under this
AGREEMENT, or permanently terminate this AGREEMENT. The final decision rests
with PMBI and shall be binding on the applicant.

2.5 SOURCES OF SUPPLY:

In order to safeguard the integrity of PMBI, and to maintain the uniformity and quality of items
associated with the Pradhan Mantri Bhartiya Janaushadhi Kendra campaign, THE
APPLICANT shall only purchase the medicines form Central Warehouse/Regional
Warehouse/Authorized distributors of PMBI.

2.5.1 GENERIC MEDICINES:

THE APPLICANT acknowledges that the generic medicines used in, offered and sold from
the Pradhan Mantri Bhartiya Janaushadhi Kendra, as authorized by PMBI from time to
time, are manufactured using proprietary recipes and processes, and are an inseparable and
essential element of the Pradhan Mantri Bhartiya Janaushadhi Kendra campaign. In order
to protect the interests of PMBI, and their respective suppliers, and to ensure the quality,
uniformity, and distinctiveness of the medicines, THE APPLICANT agrees to purchase its
entire requirements of generic medicines, from PMBI, or the supplier designated by PMBI, at
prices, determined by PMBI only.

2.5.2 SUPPLY OF MEDICINES:

The supply of medicines will be made against the advance payment for dispatch of goods.

Page 6 of 16
2.5.3 PMBI will not accept any return/exchange of products which are supplied against
confirmed orders except in case of delivery of stock supplied Damage/Expired/NSQ/ without
confirmed orders.

2.6 SUPPLIES AND EQUIPMENT:

THE APPLICANT shall not use paper goods, packaging, fixtures, equipment, signs, uniforms,
and other supplies at the SHOP which do not bear the text and the logo of “Pradhan Mantri
Bhartiya Janaushadhi Kendra” as required by PMBI and in the manner and format required
and approved in advance by PMBI.

2.7 MANDATORY PARTICIPATION IN MARKETING PROGRAMS:

THE APPLICANT acknowledges that THE APPLICANT'S participation in promotions and


marketing programs established by PMBI is important to enhance the value, recognition, and
reputation of the PMBJP KENDRA campaign and agrees that THE APPLICANT shall
participate in those promotions and marketing programs established from time to time by
PMBI that are appropriate to the Pradhan Mantri Bhartiya Janaushadhi Kendra, as
determined by PMBI

2.8 COMPLIANCE WITH LAWS:

THE APPLICANT shall fully, strictly and faithfully comply with all laws (including, but not
limited to, statutes, ordinances, regulations, and governmental orders) affecting the operation
of the Pradhan Mantri Bhartiya Janaushadhi Kendra. In particular, THE APPLICANT
shall have a Drug Sale License in the name of Pradhan Mantri Bhartiya Janaushadhi
Kendra from the competent authority and operate and maintain the Pradhan Mantri
Bhartiya Janaushadhi Kendra and its premises in strict compliance with all applicable Drugs
& Cosmetic Act, health, sanitation, fire and safety codes and requirements. If any law affecting
THE APPLICANT'S operation of the Pradhan Mantri Bhartiya Janaushadhi Kendra does
not happen to comply with any specific regulation, then THE APPLICANT shall satisfy the
same with applicable regulation by making necessary modifications, changes etc thereof. If
THE APPLICANT perceives any law affecting THE APPLICANT'S operation of the Pradhan
Mantri Bhartiya Janaushadhi Kendra to be in conflict with any of the regulations, then THE
APPLICANT shall notify PMBI in writing, identifying the specific law, so that PMBI may
determine the nature of conflict and take requisite steps to resolve the perceived conflict.

2.9 REMEDYING DAMAGED AND CONTAMINATION:

If any medicine dispensed at the Pradhan Mantri Bhartiya Janaushadhi Kendra is soiled,
contaminated or in cut, torn or in spillage condition and does not comply with applicable law
or regulations, or fails to be maintained in accordance with the requirements then, THE
Page 7 of 16
APPLICANT shall immediately eliminate the source of contamination, remedy all unsanitary
conditions at the Pradhan Mantri Bhartiya Janaushadhi Kendra. This remedy is in addition
to, and not in lieu of, other rights or remedies that PMBI has for THE APPLICANT'S breach
of this AGREEMENT.

2.10 SHOP INSPECTIONS:

In order to safeguard and determine compliance with the Pradhan Mantri Bhartiya
Janaushadhi Kendra standards PMBI representatives shall have the absolute right to enter,
remain in, and inspect the SHOP whenever PMBI deems it appropriate. PMBI representatives
may, without prior notice to THE APPLICANT, interview THE APPLICANT'S employees
and customers, take photographs, video, and similar recordings, examine, evaluate and take
representative sample of the medicines stored or sold. PMBI shall have the right to use all
interviews, photographs, video, and other recordings for any reason PMBI deems appropriate,
including in advertising, marketing and other promotional materials. THE APPLICANT shall
not be entitled to, and hereby expressly waives, any right that it might otherwise have to be
compensated for the use of interviews, photographs, video, and other recordings by PMBI, its
advertising agencies.

Being a Government of India campaign, the Pradhan Mantri Bhartiya Janaushadhi Kendra
may also get visited and inspected by Government Officials, Honorable Parliamentarians,
without any prior notice to THE APPLICANT.

2.11 CORRECTING DEFICIENCIES:

THE APPLICANT shall at its own expense promptly, and within any period reasonably
specified by PMBI, correct any violation of the defined norms. if, during an inspection, PMBI
identifies a violation of the norms that:

Is a reoccurrence of a previously identified violation of the defined standards, occurring at the


Pradhan Mantri Bhartiya Janaushadhi Kendra within the preceding 12 months; or

Is a continuation of a previously identified violation of the defined standards, which THE


APPLICANT failed to correct within a maximum period of 03 months from the date on which
notice has been served by PMBI; In such a case, PMBI may ask THE APPLICANT to
reimburse PMBI for the costs of a subsequent inspection of the shop, conducted to determine
whether the reoccurring or continuing violation of the defined standards has been cured, at the
rate of Rs. 500.00 (Rupees Five Hundred Only) per hour of the PMBI representative's time
(including travel time) plus travel and related expenses. This remedy is in addition to, and not
in lieu of, other rights or remedies that PMBI has for THE APPLICANT'S breach of this
AGREEMENT.

Page 8 of 16
2.12 REPAIR AND RENOVATION:

THE APPLICANT shall repair, rehabilitate, refurbish, modernize, renovate and upgrade the
Pradhan Mantri Bhartiya Janaushadhi Kendra periodically to maintain it in a clean,
attractive and orderly condition, to provide efficient, high-quality service to the public, and to
conform to specifications applicable generally to medicine shop. THE APPLICANT must
obtain the prior written approval of PMBI if any efforts are to be taken under this Section

2.13 SALES AND PRODUCT MIX REPORTING REQUIREMENTS:

THE APPLICANT shall mandatorily provide PMBI with any and all requested information
related to THE APPLICANT'S sales, costs, earnings and related items. THE APPLICANT
acknowledges that PMBI may request this information be provided monthly, and occasionally
more often, and in some instances THE APPLICANT may be required to track certain
information not regularly tracked by THE APPLICANT.

2.14 PROJECTING REQUIREMENTS OF MEDICINES:

At the request of PMBI and or designated Distributor, THE APPLICANT shall periodically
project sales and product requirements. THE APPLICANT shall endeavor to project quantities
of medicines needed, including quantity of each of the MEDICINES, and the anticipated
timing of such need. THE APPLICANT acknowledges that this information is important to
PMBI so that it or its designated supplier may project quantities to be manufactured.

2.15 HOURS OF OPERATION:

THE APPLICANT shall keep the Pradhan Mantri Bhartiya Janaushadhi Kendra open and
in normal operation starting from 09:00 Hrs. to 21:00 Hrs. with the option of a Lunch Break
from 13:00 Hrs. to 14:00 hrs. However, it is suggested to have the lunch on rotation basis so
that one staff remains always present for the sales operation. THE APPLICANT shall
conspicuously post on or within the Pradhan Mantri Bhartiya Janaushadhi Kendra
premises, at a location visible to public about the shop operational and non-operational hours.
This should also include contact number displayed prominently so that patient can contact and
purchase medicines when shop is closed. In case of metro and big cities, the shop would remain
open from 6 am to till 12 midnight. PMBJP KENDRA located in big hospitals and medical
colleges shall remain open round the clock.

2.16 POS (Point of Sale) SYSTEM:

To ensure the efficient management and operation of the Pradhan Mantri Bhartiya
Janaushadhi Kendra, and the reporting of data and information to PMBI, THE APPLICANT
shall, at its own expense, install, and during the tenure of association shall properly maintain
in good working order, a computerized point of sale system (the "POS SYSTEM") consisting
Page 9 of 16
of one or more cash registers, an internet connection / modem, cables, a dedicated telephone
line, a printer and other accessories and peripheral equipment, all of which must be approved
by PMBI prior to start of operation or otherwise in writing. The software for computerized
operation for POS will be uploaded free of cost by PMBI. The applicant will have to ensure
that all sales transactions are fed & updated in the system and a sale receipt of cash memo must
get generated and handed over to the buyer along with medicines.

2.17. COLLECTING POS INFORMATION:

THE APPLICANT shall at all times use the POS SYSTEM to accurately, consistently, and
completely capture & record (including the name of doctor prescribing the medicine), and
structure all data and information that PMBI prescribes from time to time either through
automated software or manually.

2.18.PMBI’s ACCESS TO POS INFORMATION:

THE APPLICANT agrees that PMBI will have the absolute right to retrieve, electronically and
manually, any or all of the POS INFORMATION that PMBI deems necessary or appropriate,
or desires. THE APPLICANT may retrieve the POS INFORMATION at intervals and times
PMBI determines, and without any advance notice to THE APPLICANT. THE APPLICANT
shall assist PMBI in initially establishing electronic access to the POS INFORMATION, and
shall thereafter, as required by PMBI, from time to time provide further assistance in
connection with the retrieval of the POS INFORMATION.

2.19.UPDATES, MODIFICATIONS AND REPLACEMENTS:

THE APPLICANT shall have no right to update or replace software used by the POS
SYSTEM. THE APPLICANT shall make, or at PMBI’s direction shall permit the designated
person from PMBI to make, any programming changes required from time to time by PMBI.

2.20.PMBI’s OWNERSHIP AND USE OF POS INFORMATION:

THE APPLICANT agrees that all POS INFORMATION provided to PMBI, whether
electronically retrieved otherwise received, will become PMBI’s property and the same may
be used by PMBI in any manner PMBI considers appropriate.

2.21.ACCESS TO EMAIL & INTERNET; CONSENT TO COMMUNICATION MEDIUM:

THE APPLICANT acknowledges that the world-wide web (www), internet, intranet, extranet,
email, and similar medium are becoming an increasingly accepted and normal way of
communicating. THE APPLICANT further acknowledges that PMBI may from time to time
desire to communicate with THE APPLICANT using any of the foregoing medium. Therefore,
THE APPLICANT shall at all times, before and during the tenure of association have ready

Page 10 of 16
access to a computer at Pradhan Mantri Bhartiya Janaushadhi Kendra with internet access
and a reasonably current web browser, and:

2.21.1. Maintain an email address to which PMBI may send electronic communications; keep
PMBI apprised of THE APPLICANT'S current email address; regularly check at a
frequency which may be every day, for email communications from PMBI;

2.21.2. Timely respond to email communications from PMBI, within a maximum of 48 hours
from receipt.

2.21.3. In the event PMBI establishes an intranet, extranet, or other means of posting
information on a web site or similar on-line medium, then regularly check at a
frequency, which may be every day, for information communicated by PMBI.

Except in the case of a NOTICE, THE APPLICANT hereby consents to receiving any
communication or information contemplated by AGREEMENT in any manner contemplated
by this Section 2.20, which communication or information shall be deemed communicated
upon sending electronically to the email address submitted by THE APPLICANT for such
purpose, or upon posting on any web site or other on-line medium maintained by PMBI for
such purpose.

2.22. PROMPT PAYMENT OF OBLIGATIONS:

THE APPLICANT acknowledges that THE APPLICANT'S payment practices can impact the
willingness of third parties to do business with, and extend credit to, others. Therefore, THE
APPLCANT SHALL also timely pay all obligations and liabilities due and payable to vendors,
suppliers, distributors, the LANDLORD, and other parties to whom THE APPLICANT incurs
obligations in connection with the Pradhan Mantri Bhartiya Janaushadhi Kendra.

2.23.SIGNIFICANT EVENT NOTIFICATIONS:

THE APPLICANT will keep PMBI informed of any fact, matter or circumstance that has a
significant bearing on THE APPLICANT'S ability to continue to operate the Pradhan Mantri
Bhartiya Janaushadhi Kendra in accordance with this AGREEMENT. Without limiting the
preceding requirement, THE APPLICANT shall promptly, and in no event more than 7 days
after THE APPLICANT becomes aware of any of the following situations related to the
Pradhan Mantri Bhartiya Janaushadhi Kendra, provide NOTICE to PMBI of the
circumstances, and provide PMBI with copies of pertinent documents, and any other
information PMBI requires:

(a) Any notice of default received with respect to the SHOP PREMISES from the LANDLORD,
a rental agent, mortgagee, or lender.

Page 11 of 16
(b) Any claims, lawsuits, or other legal proceedings asserted or brought by any consumer,
employee, governmental agency, or anyone else.
(c) Any governmental inspections, notices, claims, reports, warnings, or citations.
(d) Any fires, robberies, injuries, or similar events occurring on or at the Pradhan Mantri
Bhartiya Janaushadhi Kendra
(e) Any other matters, including those not related to the Pradhan Mantri Bhartiya Janaushadhi
Kendra that could impair the good will associated with PMBI & Department of Pharmaceuticals
under Ministry of Chemicals & Fertilizers, Government of India.

3. FUND REQUIREMENTS & EARNINGS BY THE APPLICANT:

3.1 Applicant will arrange sufficient funds for smooth running of Pradhan Mantri
Bhartiya Janaushadhi Kendra at all times.

3.2.1 Special Incentive: Special incentive shall be granted for PMBJK opened by the
Women entrepreneurs, divyaang, SC, ST & any entrepreneurs open ‘Janaushadhi
Kendra(PMBJK)’ at aspirational districts (backward district) as notified by the NITI Aayog
& in Himalayan, Island territories and North- Eastern. An amount of Rs. 2.00 lakhs in
addition to normal incentives as applicable is to be given to above mentioned entrepreneurs
as mentioned below :–

(i) Rs. 1.50 lakh reimbursement of furniture and fixtures

(ii) Rs. 0.50 lakh as reimbursement for Computer, internet, printer, scanner etc.

This will be one-time grant for opening of new PMBJK against submission of original
bills and restricted up to actual expenditure incurred.

Note: “The Special incentive shall be granted to the Women entrepreneurs, Divyang,
SC, ST & any entrepreneurs open ‘Pradhan Mantri Bhartiya Janaushadhi Kendra
(PMBJK)’ at aspirational districts as notified by the Niti Aayog, In Himalayan, Island
territories and North- Eastern states based on One Family – One Grant formula. It means
any above mentioned eligible PMBJK owner shall be granted special incentive only once
and no other person from his/her family/relative shall be granted special incentive
thereafter. For this Purpose, “Relative” means – “Relative”, in relation to an individual,
means the husband, Wife, unmarried dependent brother or sister or any lineal ascendant
or descendant of that individual.”

Page 12 of 16
3.2.2 Normal Incentive -PMBJK run by other entrepreneurs/Pharmacist/NGOs/NGOs &
Charitable organization that are linked with PMBI headquarters through software
will get incentive up to Rs. 5.00 lakhs. The incentive will be given @ 15% of monthly
purchase made from PMBI by these PMBJKs subject to ceiling of Rs 15,000/- per
month up to total limit of 5.00 lakhs. It will also cover PMBJK opened by Women
entrepreneurs, Divyang, SC, ST & any entrepreneurs open ‘Pradhan Mantri Bhartiya
Janaushadhi Kendra (PMBJK)’ at aspirational districts as notified by the Niti Aayog,
In Himalayan, Island territories and North- Eastern state.

This will be applicable to existing PMBJK also whose existing limit of incentives of Rs
2.50 lakh is fully disbursed, moreover it will also cover the PMBJK opened in
government premises to Whom one-time grant of Rs 2.50 lakh was disbursed. They will
get incentive of Rs 2.50 lakh based on purchase made by them from PMBI as per other
terms and conditions applicable to all PMBJKs.

Further, any PMBJK opened in Government premises will get normal incentives as
applicable to PMBJK in private premises.

3.3 Retail margins will be the earning of Applicants. The retail margins as applicable
as per Government notifications will be included in the MRP (Maximum Retail Price) on
each product and the applicant shall sell all products at printed MRP only. The currently
applicable rate of Margins is 20%.

3.4 In addition to the investment required for setting up the necessary infrastructure for
opening of Pradhan Mantri Bhartiya Janaushadhi Kendra as per the requirement of
this agreement, applicant will invest sufficient money to run the store smoothly by making
all products available at all times.

3.5 THE APPLICANT also acknowledges and agrees that this AGREEMENT confers
no right to continuation, renewal for a subsequent term on or after the EXPIRATION
DATE.

4. SOURCING OF MEDICINES:

THE APPLICANT shall purchase medicines in the list of medicines provided by PMBI, in
connection with the operation of the Pradhan Mantri Bhartiya Janaushadhi Kendra, only
from PMBI’s Central Warehouse/Regional Warehouse/Authorized Distributors as
informed by PMBI.

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In-case of any change in source for procurement of Medicines, PMBI will inform THE
APPLICANT in writing.

5. ONGOING ADVICE AND ASSISTANCE:

During the applicable terms of this agreement, PMBI shall from time to time provide THE
APPLICANT with such advisory assistance, information, techniques, data, and
instructional materials concerning the sale of Medicines from Pradhan Mantri Bhartiya
Janaushadhi Kendra and also marketing programs applicable to the Pradhan Mantri
Bhartiya Janaushadhi Kendra campaign, local marketing of the Pradhan Mantri
Bhartiya Janaushadhi Kendra, and adherence to the process and guidelines as PMBI
deems advisable at no charge.

6. SELLING OTHER MEDICINES & PRODUCTS:

Selling other generics/branded medicines and product will not be permitted by PMBI.

7. TERMINATION:

I. PMBI shall be entitled to terminate this Agreement immediately forthwith in any one
or more of the following events, by giving a notice in writing to the “APPLICANT”:
II. If, in the opinion of PMBI, the performance of the “APPLICANT” is found to be
unsatisfactory.

III. If the “APPLICANT” commits a breach of any of the terms and conditions of this
Agreement.

IV. If there is any change (not acceptable to PMBI) in the constitution of the
“APPLICANT” without the prior written consent of PMBI.

V. If for any reason, the “APPLICANT” is prevented for a period of three months from
performing any of its obligations under this Agreement.

VI. If the “APPLICANT” is guilty of any conduct which, in the opinion of PMBI, is
prejudicial to the interests of PMBI or principles of PMBI relating to fair business
practices.

VII. If the “Pradhan Mantri Bhartiya Janaushadhi Kendra APPLICANT” assigns or purport
to assigns its rights, interest or benefits or charge the benefits of the Agreement without
obtaining the consent in writing of PMBI.

VIII. If the “APPLICANT” is declared insolvent or commit any act of insolvency or


compound or enter into a scheme of compromise with their creditors.

IX. If the “APPLICANT” is charged with committing breach of any law of India or any

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anti bribery or anti-corruption legislation as the case may be.

8. CONFIDENTIAL INFORMATION:

THE APPLICANT acknowledges that PMBI will from time to time provide THE
APPLICANT with information that is confidential in nature and that if disclosed to third
parties might adversely impact the ability of PMBI to remain competitive. THE
APPLICANT agrees that, unless otherwise determined PMBI, the marketing strategies and
programs developed by PMBI shall be treated as confidential until publicly disseminated
in accordance with the instructions of PMBI. THE APPLICANT shall not disclose any
confidential information to any person other than THE APPLICANT'S employees as may
be necessary to discharge the assigned duties of Pradhan Mantri Bhartiya Janaushadhi
Kendra operations, and THE APPLICANT agrees not to use any such confidential
information for any purpose other than to discharge its obligations under this
AGREEMENT.

9. FORCE MAJEURE:

Neither party shall be in default if a failure to perform any obligation hereunder is caused
solely be supervening conditions beyond that party’s reasonable control, including acts of
God, civil commotion, strikes, acts of terrorism etc.

10. DISPUTE RESOLUTION:

This agreement shall be deemed to have been made/executed at Delhi for all purpose. In
the event of any dispute related to the interpretation or right or liabilities arising out of this
agreement, the same shall, at first instance, be settled amicably and in the event of the
dispute not being settled amicably the same shall be referred to the sole arbitrator of Chief
Executive Officer (CEO), PMBI or his nominee. The provisions of Arbitration and
conciliation Act, 1996 shall apply. The award given by the arbitrator shall be final and
binding on the parties. The venue for arbitration shall be at Delhi.

11. GOVERNING LAW/JURISDICTION:

This agreement shall be deemed to have been executed at Delhi for all the purposes. The
applicable law governing this agreement shall be the laws of India. Anydispute and
differencearise between thePradhan Mantri Bhartiya Janaushadhi Kendra andthe
(Second Party) shall be resolved amicably by mutual consultation by both the parties

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failing which court of Delhi shall have the exclusive jurisdiction to try and entertain the
dispute with respect to this agreement.

IN WITNESS WHERE OF THE FIRST PARTY AND SECOND PARTY APPEND THEIR
SIGNATURE IN TOKEN OF HAVING ACCEPTED THE ABOVE TERMS AND
CONDITIONS ON THIS _____________ DAY OF __________________ 20_______ AS
MENTIONED ABOVE. IN

THE PRESENCE OF THE FOLLOWING WITNESSES.

SIGNED SEALED AND DELIVERED FOR THE FIRST PARTY.

WITNESS

SIGNED SEALED AND DELIVERED FOR THE SECOND PARTY

WITNESS

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